The European Court Of Human Rights And Its Discontents

Author : Spyridon Flogaitis
Publisher : Edward Elgar Publishing
ISBN 13 : 178254612X
Total Pages : 241 pages
Book Rating : 4.22/5 ( download)

DOWNLOAD NOW!

Download or read book The European Court of Human Rights and its Discontents written by Spyridon Flogaitis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Human Rights has long been part of the most advanced human rights regime in the world. However, the Court has increasingly drawn criticism, with questions raised about its legitimacy and backlog of cases. This book for the first time brings together the critics of the Court and its proponents to debate these issues. The result is a collection which reflects balanced perspectives on the Court's successes and challenges. Judges, academics and policymakers engage constructively with the Court's criticism, developing novel pathways and strategies for the Court to adopt to increase its legitimacy, to amend procedures to reduce the backlog of applications, to improve dialogue with national authorities and courts, and to ensure compliance by member States. The solutions presented seek to ensure the Court's relevance and impact into the future and to promote the effective protection of human rights across Europe. Containing a dynamic mix of high-profile contributors from across Council of Europe member States, this book will appeal to human rights professionals, European policymakers and politicians, law and politics academics and students as well as human rights NGOs.

Author : Jeroen Temperman
Publisher : Cambridge University Press
ISBN 13 : 1108416918
Total Pages : 771 pages
Book Rating : 4.17/5 ( download)

DOWNLOAD NOW!

Download or read book Blasphemy and Freedom of Expression written by Jeroen Temperman and published by Cambridge University Press. This book was released on 2017-11-16 with total page 771 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Author : Francis Fukuyama
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374606722
Total Pages : 106 pages
Book Rating : 4.25/5 ( download)

DOWNLOAD NOW!

Download or read book Liberalism and Its Discontents written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2022-05-10 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: A short book about the challenges to liberalism from the right and the left by the bestselling author of The Origins of Political Order. Classical liberalism is in a state of crisis. Developed in the wake of Europe’s wars over religion and nationalism, liberalism is a system for governing diverse societies, which is grounded in fundamental principles of equality and the rule of law. It emphasizes the rights of individuals to pursue their own forms of happiness free from encroachment by government. It's no secret that liberalism didn't always live up to its own ideals. In America, many people were denied equality before the law. Who counted as full human beings worthy of universal rights was contested for centuries, and only recently has this circle expanded to include women, African Americans, LGBTQ+ people, and others. Conservatives complain that liberalism empties the common life of meaning. As the renowned political philosopher Francis Fukuyama shows in Liberalism and Its Discontents, the principles of liberalism have also, in recent decades, been pushed to new extremes by both the right and the left: neoliberals made a cult of economic freedom, and progressives focused on identity over human universality as central to their political vision. The result, Fukuyama argues, has been a fracturing of our civil society and an increasing peril to our democracy. In this short, clear account of our current political discontents, Fukuyama offers an essential defense of a revitalized liberalism for the twenty-first century.

Author : Nienke Grossman
Publisher : Cambridge University Press
ISBN 13 : 1108540228
Total Pages : 397 pages
Book Rating : 4.23/5 ( download)

DOWNLOAD NOW!

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Author : Sebastian Mitchell
Publisher : Bloomsbury Publishing
ISBN 13 : 1441172181
Total Pages : 267 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book Utopia and Its Discontents written by Sebastian Mitchell and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Utopia and Its Discontents traces literary representations of ideal communities from Plato to the 21st century. Each chapter offers close readings of key utopian and anti-utopian texts to demonstrate how they construct, challenge and explore the ideas and forms of earlier utopian writings and the social and political ideals of their own periods. In this original and insightful study, Sebastian Mitchell demonstrates how literary utopias are often as much about the past as they are about the present and the future. Utopia and Its Discontents concludes by arguing against the idea that the utopian has been eclipsed by the dystopian in contemporary culture. Topics covered include: - Early political and philosophical authors, such as Plato and Thomas More - Literary works, from Jonathan Swift's Gulliver's Travels to George Orwell's Nineteen Eighty-Four - Speculative-fiction writers such as H.G. Wells, Aldous Huxley and Margaret Atwood - Ecological and feminist texts by Ernest Callenbach, Ursula Le Guin and Marge Piercy - Twenty-first century utopianism This is an essential study for scholars and students of utopian literature.

Author : William A. Schabas
Publisher : Oxford University Press
ISBN 13 : 019106677X
Total Pages : 1433 pages
Book Rating : 4.71/5 ( download)

DOWNLOAD NOW!

Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

Author : Janneke Gerards
Publisher :
ISBN 13 : 9781780682174
Total Pages : 0 pages
Book Rating : 4.74/5 ( download)

DOWNLOAD NOW!

Download or read book Implementation of the European Convention on Human Rights and of the Judgments of the ECtHR in National Case-law written by Janneke Gerards and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions the correctness of these assumptions and aims for further study of them. This is done by disentangling and illuminating the different elements underlying the interrelationship between the Court and the national courts. The objective is to distinguish between the requirements set by the Court; the constitutional powers and competences of national courts to interpret and apply international law, in particular the Convention; the way in which these courts actually use these competences to deal with the Court's interpretative approaches; and the type of criticism that is levelled at the Court's case-law. These elements are studied from the perspective of the Court as well as from a national perspective, in particular for Belgium, France, Germany, the Netherlands, Sweden and the United Kingdom. Analysing these elements separately enables a fruitful assessment of their interrelationship and provides a sound basis for a constructive debate on the implementation of the Convention in national law, which is based on solid constitutional foundations rather than assumptions and intuitions. The current book is therefore of great interest to those who are interested in debates on the interrelationship between the Court and the states - scholars, as well as judges, policy makers and politicians - but also to those who take a more general interest in constitutional implementation mechanisms, judicial powers and judicial argumentation.

Author : Natalia Torres Zúñiga
Publisher : Taylor & Francis
ISBN 13 : 1000597989
Total Pages : 224 pages
Book Rating : 4.81/5 ( download)

DOWNLOAD NOW!

Download or read book The Inter American Court of Human Rights written by Natalia Torres Zúñiga and published by Taylor & Francis. This book was released on 2022-07-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical legal perspective on the legitimacy of international courts and tribunals. The volume offers a critique of ideology of two legal approaches to the legitimacy of the Inter-American Court of Human Rights (IACtHR) that portray it as a supranational tribunal whose last say on human rights protection has a transformative effect on the democracies of Latin America. The book shows how the discussion between these Latin American legal strands mirrors global trends in the study of the legitimacy of international courts related to the use of constitutional analogies and concepts such as the notion of judicial dialogue and the idea of democratic transformation. It also provides an in-depth analysis of how, through the use of those categories, legal experts studying the legitimacy of the IACtHR enact self-validation processes by making themselves the principal agents of transformation. These self-validation processes work as ideological apparatuses that reproduce and entrench the mindset that the legal discipline is a driving force of change in itself. Further, the book shows how profiling the Court as an agent of transformation diverts attention from the ways in which it has pursued a particular view of human rights and democracy in the region that creates and reproduces relations of inequality and domination. Rather than discarding the IACtHR, this book aims to de-centre the focus away from formal legal institutions, engaging with the idea that ordinary people can mobilise and define the content of law to transform their lives and territories. The book will be a valuable resource for scholars working in the areas of human rights law, law, public international law, legal theory, constitutional law, political science and legal philosophy.

Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
ISBN 13 : 1040003575
Total Pages : 115 pages
Book Rating : 4.72/5 ( download)

DOWNLOAD NOW!

Download or read book The European Convention on Human Rights and the COVID-19 Pandemic written by Ronagh J.A. McQuigg and published by Taylor & Francis. This book was released on 2024-01-16 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

Author : Adam B. Jaffe
Publisher : Princeton University Press
ISBN 13 : 9781400837342
Total Pages : 256 pages
Book Rating : 4.40/5 ( download)

DOWNLOAD NOW!

Download or read book Innovation and Its Discontents written by Adam B. Jaffe and published by Princeton University Press. This book was released on 2011-05-27 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States patent system has become sand rather than lubricant in the wheels of American progress. Such is the premise behind this provocative and timely book by two of the nation's leading experts on patents and economic innovation. Innovation and Its Discontents tells the story of how recent changes in patenting--an institutional process that was created to nurture innovation--have wreaked havoc on innovators, businesses, and economic productivity. Jaffe and Lerner, who have spent the past two decades studying the patent system, show how legal changes initiated in the 1980s converted the system from a stimulator of innovation to a creator of litigation and uncertainty that threatens the innovation process itself. In one telling vignette, Jaffe and Lerner cite a patent litigation campaign brought by a a semi-conductor chip designer that claims control of an entire category of computer memory chips. The firm's claims are based on a modest 15-year old invention, whose scope and influenced were broadened by secretly manipulating an industry-wide cooperative standard-setting body. Such cases are largely the result of two changes in the patent climate, Jaffe and Lerner contend. First, new laws have made it easier for businesses and inventors to secure patents on products of all kinds, and second, the laws have tilted the table to favor patent holders, no matter how tenuous their claims. After analyzing the economic incentives created by the current policies, Jaffe and Lerner suggest a three-pronged solution for restoring the patent system: create incentives to motivate parties who have information about the novelty of a patent; provide multiple levels of patent review; and replace juries with judges and special masters to preside over certain aspects of infringement cases. Well-argued and engagingly written, Innovation and Its Discontents offers a fresh approach for enhancing both the nation's creativity and its economic growth.